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Constance Henry v. Elite Sportswear, L.P.

Filed

Case details

Summary

According to the complaint, Constance Henry, a visually-impaired individual, is suing Elite Sportswear, L.P. for failing to make their website, Dolfinswimwear.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent blind individuals from completing transactions, violating the Americans with Disabilities Act (ADA). Specific issues include the lack of alternative text for images, inaccessible drop-down menus, and a reliance on mouse navigation. Plaintiffs seek a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by blind users.

About the defendant

Elite Sportswear provides a website that offers a variety of swimwear and accessories for purchase, including training suits, one-piece swimsuits, swim dresses, and related products.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is inaccessible to blind individuals
  • Plaintiff encountered significant access barriers on the website
  • Defendant failed to implement necessary accessibility features

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

  • Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act
  • Declaratory Relief
  • Negligent Infliction of Emotional Distress

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act
  • An order requiring Defendant to make its website accessible to blind individuals
  • Payment of nominal damages
  • Compensatory damages in an amount to be determined at trial

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

all legally blind individuals in the United States who have attempted to access Dolfinswimwear.com and as a result have been denied access to the enjoyment of goods and services offered by Dolfinswimwear.com, during the relevant statutory period.